Federal government rejects tribes' casino plans
This is an updated version of a story posted earlier on Monday
BARSTOW — The plans of three Indian tribes to build off-reservation casinos in Barstow have been rejected by the federal government further stalling the projects over the objections of tribal and community leaders.
The Los Coyotes Band of Cahuilla and Cupeno, Big Lagoon Rancheria and Chemehuevi tribes were sent letters from the Department of the Interior informing them that their applications to put land near Barstow into a federal trust, a step necessary to build casinos, had been rejected.
Barstow Mayor Lawrence Dale said he was disappointed by the ruling.
“You know, it’s aggravating to say the least. The city has worked for five years on this project in good faith. To have the Department of the Interior change the guidelines as we were approaching the finish line is unconscionable.” he said. “The ruling as far as I’m concerned is a slap in the face to the Governor, and a slug in the stomach to the people of Barstow.”
In similar, but separate letters to the tribes dated Jan 4., Carl Artman, the assistant secretary for Indian Affairs, acknowledged that the tribes would receive economic assistance from the development of a casino, but stated that benefits were outweighed by the drawbacks because the proposed sites were not within “a reasonable commuting distance” of the tribes’ reservations.
“(T)he negative impacts on reservation life could be considerable,” the letter stated. “The potential departure of a significant number of reservation residents and their families could have serious and far-reaching implications for the remaining tribal community and its continuity as a community.”
The Chemehuevi’s reservation in Havasu Lake is 135 miles away, the Los Coyotes reservation is 115 miles southwest of Barstow in Warner Springs. Big Lagoon’s reservation occupies an environmentally sensitive coastal lagoon in Humboldt county 550 miles to the north of the casino site.
Tom Shields project spokesman for BarWest Gaming, which proposes a dual casino project by the Los Coyotes and Big Lagoon tribes, objected to the commuting distance clause in the department’s decision.
“These rules are arbitrary from the Secretary and certainly will be challenged if not by the Los Coyotes then by other tribes,” he said. “There may be a class action suit here.”
Shields said that the company stands behind its Barstow proposal and along with the Los Coyotes tribe, is negotiating with the governor’s office for a revised casino agreement. He said that although no decision has been made, the tribe can resubmit its land to trust application with additional information, appeal the ruling to the department, or file a lawsuit.
Shields rejected the idea that the development of a Barstow casino would negatively affect life on the reservation.
“(The Secretary) is basically saying the tribes are better off on their reservation unemployed,” he said. “Eighty-nine percent of the Los Coyotes don’t live on the reservation because there aren’t any opportunities to them, there’s nothing even close.”
The Big Lagoon Rancheria and Los Coyotes Indian tribes applied in March 2006 with the Department of the Interior to use 40-acres of land to build a joint casino near Lenwood. The Chemehuevi tribe applied with the department in February 2006 for permission to use a 40-acre parcel nearby to build a competing casino.
The Department of the Interior sent letters to 22 tribes across the country with pending land into trust applications. The department denied 11 of the applications, including the three tribes with Barstow casino plans, but asked the other 11 tribes to resubmit their applications with additional information.
The federal land into trust decision comes as the second setback to the Big Lagoon and Los Coyotes casino proposal in recent months. In September, the tribes’ agreement with Gov. Arnold Schwarzenegger for the dual casino project expired without being passed by the state legislature.
In a press release from the Los Coyotes, the tribe blasted the decision from the Department of the Interior calling the denial illegal. Tribal members objected to the decision because the department had not completed its environmental review of the project or visited Barstow before issuing the ruling, the release stated.
Jason Barnett, spokesman for the Big Lagoon Rancheria tribe that while the tribe is moving forward with its plans to build a casino on its Humboldt county reservation, said it has not ruled out building in Barstow.
“(Tribal chairman) Virgil (Moorehead) has always said that if we can find a way to make the project work in Barstow, we will,” Barnett said.
The ruling also stalled plans for the Chemehuevi tribe to move ahead with their casino proposal.
The tribe’s chairman, Charles Wood said that he’s not sure how the decision will affect the tribe’s Barstow plans or if the tribe will continue with the project.
“We’ll have to take that into consideration and see what are options are,” he said. “I can’t comment at this time as to what those may be.”
Despite the new obstacle of the Interior Department’s ruling, Dale said still supports a casino in Barstow and expects one to be built someday.
“I still have faith that we will get the casino, but it will take real hard work on everyone’s part,” he said.
Council member Steve Curran said that he only recently learned of the decision, but said he doesn’t think interest in bringing a casino to Barstow will fade.
“It will happen as long as there is profit to make and there are people willing to work on it,” he said.
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The casino in Barstow: a brief history
• June 2, 2003 — City Council unanimously approves exclusive negotiating agreement with the Los Coyotes band of the Cahuilla Indian tribe and BarWest LLC, to build a casino in south Barstow.
• August 4, 2003 — Chemehuevi Indian tribe members meet with council members to announce their plans to build a competing casino close to the Los Coyotes casino site.
• July 1, 2004— Council approves municipal-services agreement with Los Coyotes tribe.
• April 4, 2005— Los Coyotes discloses to City Council that it has partnered with Big Lagoon tribe of Humboldt county for a Barstow casino project. Council member Paul Luellig announces he is withdrawing his support for casino. Council votes 3-2 to continue to support Chemehuevis with their project.
• Aug., 1 — Council rejects putting referendum on the ballot to allow Barstow residents to declare support or opposition for Indian casinos in general.
• Sept. 9 — Governor approves compacts with Big Lagoon/Los Coyotes and BarWest.
• Sept. 19, 2005 — Council approves Municipal Services Agreement with Chemehuevi tribe.
• June 6, 2006 — Measure H, which, among other things, created a casino zoning district that included a proposed Chemehuevi casino but not the Big Lagoon/Los Coyotes project, was defeated by 81 percent; council member Paul Luellig ousted in recall election, replaced by Steve Curran.
• May 30, 2007— Governor and tribes agree to extend deadline to pass compacts. The compacts have to be passed by both houses of the legislature before Sept. 17.
• Sept. 19, 2007— Casino compacts between Big Lagoon/Los Coyotes project and Gov. Schwarzenegger expire. Big Lagoon tribe moves ahead with plans to build a casino on its Humboldt county reservation.
• Jan 4. 2008 — Big Lagoon, Los Coyotes and Chemehuevi tribes mailed letters from Department of the Interior denying the tribes’ applications to put the land into federal trust.
